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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 46. Offenses Against Property
- Section 340. Defense: Emergency Use of Premises.
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. Criminal Trespass in the Second Degree.
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AS 11.46.340. Defense: Emergency Use of Premises.
In a prosecution under AS 11.46.300
, 11.46.310, 11.46.320, or 11.46.330(a)(1), it is an affirmative defense that
- (1) the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case
of immediate and dire need; and
- (2) as soon as reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the
owner's agent or, if the owner is unknown, the nearest state or local police agency, and makes a report of the time of
the entry, use, or occupancy and any damage to the premises or personal property, unless notice waiving necessity of
the report is posted on the premises by the owner or the owner's agent.
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